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Navigating the FemTech Regulatory Landscape: Best Practice & Future Developments

The stakes are high for FemTech – as Benjamin Franklin noted: ‘it takes many good deeds to build a good reputation and only one bad one to lose it.’...more

Navigating the FemTech regulatory landscape: which rules apply and what are the enforcement priorities?

Security, scale or functionality – pick two. This computer science principle coined by the late Professor Anderson is particularly relevant to the FemTech industry. Anderson’s Rule states that for a system to provide high...more

New Final Rule Requires U.S. Nursing Homes Disclose Ownership Structure

On November 17, 2023, the Centers for Medicare and Medicaid (CMS) published a final rule implementing additional disclosure requirements for U.S.-located, Medicare skilled nursing facilities and Medicaid nursing facilities...more

HHS Proposes Rule to Establish Penalties for Committing Information Blocking: What Providers Need to Know

On October 30, 2023, the U.S. Department of Health and Human Services (HHS) released a proposed rule (Proposed Rule) to establish disincentives for healthcare providers that engage in information blocking under the 21st...more

State Regulation of Physician Practice Transactions: What Investors Need to Know

In recent years, private equity firms and retail giants like CVS and Walmart have acquired many physician practices and physician practice management organizations across the country. As healthcare has become increasingly...more

U.S. Healthcare and Life Sciences Alert: CMS Updates ACO REACH Program to Encourage Increased Participation

This August, the Centers for Medicare and Medicaid Services (CMS) announced multiple changes (to take effective in performance year 2024)  to one of its alternative payment models, the Accountable Care Organization Realizing...more

RWI Market Turning to Unlikely Industries for New Deals: Health Care RWI Terms & Conditions Improving

Representations and Warranties Insurance (RWI) has increasingly become a tool employed by both Buyers and Sellers to shift away from the traditional indemnification model of escrows or other mechanisms that could tie up...more

Five years on: EKRA's legacy

Five years ago Congress enacted the Eliminating Kickbacks in Recovery Act of 2018 (“EKRA”). Aimed at combating kickbacks in the addiction treatment industry, EKRA prohibits remunerations in return for patient referrals to...more

U.S. Health Care Industry Takes Note: U.S. Supreme Court 2023 Attention on False Claims Act

This Tuesday, April 18, 2023, the U.S. Supreme Court heard argument in U.S. v. SuperValu. SuperValu is the second – and more consequential – False Claims Act (FCA) case of the term....more

U.S. Health Care Industry: practical tips for navigating FCA landscape (from Supervalu and beyond)

Attorneys and compliance professionals in the health care industry are routinely required to help their clients interpret complex laws and regulations, often without sufficient authoritative guidance from regulators.  Because...more

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